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HomeMy WebLinkAboutC23540 Andy's Tree Service and Gardening - CW Palm Tree Pruning 931-REQUEST: SUBMITTED BY CONTRACTOR DATE: CONTENTS Recommendation: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C 23540 for the Citywide Palm Tree Pruning Program (Project No. 931-XX) H. Spencer Knight, Landscape Manager Andy's Tree Service and Gardening P. O. Box 10520 Palm Desert, CA 92255 April 14, 2005 Proposal Agreement List of Tree Locations By minute motion: 1. Award Contract No. C 23540 to Andy's Tree Service and Gardening of Palm Desert, CA, in the amount of $44,600.00. 2. Authorize a 10% Contingency in the amount of $4,460.00 for the Citywide Palm Tree Pruning Program. Discussion: This year's City palm tree pruning and removal program included both the City of Palm Desert and the Housing Authority properties. The subject program was advertised in the local media requesting sealed bids. On March 29, 2005 at 2:00 PM sealed bids were opened and read aloud, with the following bids received: Andy's Tree Service and Gardening $ 44,600.00 Desert View Tree Service $ 55,275.00 True -Green Landcare $ 62,505.00 California Tree Service $198,155.00 Andy's Tree Service has worked previously for the City of Palm Desert and executed the work within acceptable standards. Funds are available for this work in accounts 110- 4610-453.33-21, 110-4611-453.33-20, 110-4611-453.33-70, 110-4611-453.33-71, Staff Report — Award Contract No. 23540 to Andy's Tree Service Page 2 of 2 April 14, 2005 respective assessment district Fund 200 accounts and respective Housing Authority 2004/2005 facility budgets. Therefore, staff recommends City Council, by minute motion, award the subject contract to Andy's Tree Service and Gardening of Palm Desert, California, in the amount of $44,600.00 and authorize a 10% Contingency in the amount of $4,460.00 for the Citywide Palm Tree Pruning Program. Submit d H. Spencer Knight Landscape Manager Approv I: ' leer Croy V ACM for Devel ment Services Carlos Orteg City Manager /dhl Department d: %LdR Michael Errar(te, P.E. Director of Public Works Paul Gibson Finance Director G:\PubWorks\Statf Reports\2005\April 14\Award Contract for Citywide Palm Tree Pruning.doc CONTRACTOR'S PROPOSAL CITY OF PALM DESERT SUBMISSION FORM CITYWIDE PALM TREE PRUNING P�ROGRAM PROJECT N q .'931-XX CONTRACT N 0 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that they have carefully examined the Specifications accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof, is authorized to represent the bidding firm and propose services to Palm Desert. It is understood that the price shown hereon includes all phases and types of tree and palm tree work described in the specifications. The unit cost for each palm tree for pruning work and for tree and stump removal shall be indicated. The total cost for each palm tree, including pruning and removal work will be provided as well as a grand total for the contract. Licensed & Insured , ANDY'S TREE SERVICE AND GARDENING Palm Tree Trimming & Peeling Oleanders - Citrus Trees Yard Clean Up - Hauling 760.345-6027 Box 10520 760-320.8850 Palm Des rt, CA 92255 N Contract No. C23540 CONTRACTOR'S PROPOSAL (CONTINUED) I. PALM TREES SPECIES UNIT PRUNING COST Phoenix dactylifera w � Washingtonia filifera I pn Washingtonia robusta Washingtonia robusta `Hybrid' I . 00 Syagrus romanzoffiana I q : 00 TOTAL PALM TREE PRUNING COST II. REMOVALS TREE TYPE REMOVAL COUNT Washl 6 �.oWla 1 c� r� rc�n2aFfh� i PaTree TOTAL REMOVAL COST TOTAL FOR ALL PALM TREE PRUNING PALM TREE SUB -TOTAL COUNT PRUNING COST !?61Lo 11,3A4-CO a 0 0A A3, 9 '78.0 o s3 53A.oa s 4 31'70©o pp UNIT REMOVAL COST INCLUDING STUMP -1y5o.ov SUBTOTAL REMOVAL 450. oD y 50. 00 s gcov oa $ 43,wo,p0 TOTAL FOR PALM TREE REMOVALS AND STUMP GRINDING I $ q00,00 GRAND TOTAL 1 $ q4, 4,00, 00 Contract No. C23540 CONTRACTOR'S PROPOSAL (CONTINUED) IV. Pmd\.i's I r-ee Service COMPANY VC). BOA 10520 Pck11Y1 i)ese(4, Cif ADDRESS C-7ce-0) 3Lf5 6-0,,x-7 TELEPHONE 'FlI Zd6eff1 L--avet (A fry`l BID PREPARED BY �1 SIGNAT E U q-95155 C-7vo) 3q5 4903 FAX TITLE 3/as? ja©06 DATE 10 Contract No. C23540 INFORMATION REQUIRED OF BIDDER (NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT) The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address P.0, 60-A t052-10 Ph 111-1-De,SE,H C+� q 7- Z5 -*5 (2) Telephone No. VW) 345- (POO-7 (3) Type of Firm (Individual, Partnership or Corporation) Par"`iur6 (4) Corporation organized under the laws of the State of i v (5) Contractor's License No. 945(v-75 , Exp. Date o'100 U Contractor hereby swears under pena y of Perjury that this information provided is true and correct. �p By:l/-*7 dl fit' J Title: i0b rW-r SInature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Ell urbeIli Law rirc��1 P61 r -h) e r— pmcl q wo, r i ec A. (7) Number of years experience as a tree maintenance contractor in tree pruning work a 5 11 Contract No. C23540 (8) . List at least three similar projects completed recently: Contract Class of Date Name, Address & Telephone Amount Work Completed Number of Owner 1. $ 15poo, Palni-t,'eebtl& 1993 b f v of Palrn Daer f -7;'5 I'D T't) i Mi rn r vi) I)r Yc�t m Dc°ser +-� 2. $ 45,000 P6di feePr0e, 2C0 er-1 tr�r s �Ir�i �tecI p�� r� e Pa I nrts Dr . ItI rl i-A . el F� 3. $ 55.000 Paln tree Prune Zoq Pa 1no Sp -VI e\1- S t.kn►f�erI .2ti 01 A-�I� a'l 12 cj Pn I r(I Spr')n �s , nq- (9) List the names and addresses of each subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each subcontractor: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: 12 Contract No. C23540 Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (10) List the name of the person who inspected the site of the proposed work for your firm (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the OWNER. 13 AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO.931-XX CONTRACT NO. C23540 STATE OF CALIFORNIA) )SS COUNTY OF RIVERSIDE) Eli zdbc-I- i being first duay sworn, deposes and says: that he is Q �!a> �� of S 6 e Service (insert "Sole OWNER", "Partner", or other proper title) (insert n of bidder or other Oroper title) who submits herewith to the City of Palm Desert, a Proposal; That all statements of fact in such Proposal are true; That such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such Proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Palm Desert, or of any other bidder of anyone else interested in the proposed contracts; and further, That prior to the public opening and reading of Proposal, said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal. (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham Proposal, or that anyone should refrain from bidding or withdraw their Proposal. (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this Proposal price, or that of anyone else. (d) Did not, directly or indirectly, submit their Proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Palm Desert or to any person or persons who have a partnership of other financial interest with said bidder in his business. 14 (e) That no councilperson, officer, agent or employee of the City of Palm Desert, is personally interested, directly or indirectly, in this contract, or the compensation, oral or in writing, of the City Council its officers, agents or employees, has induced them to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms. Subscribe nd sworn to before me this By: G,r 04 i,-t Public in Iffnd�r said County and State day of -March 20 05 Title: 1 SUZANNE P. HA&4moNo Commission # 1306309 z �► Notary Public - Califomis Rrye►side County ti►YComm. EVh" MOy28, 2W5 15 Contract No. C23540 AGREEMENT THIS AGREEMENT is made and entered into this day of 20 05 , by and between the City of Palm Desert, California, hereafter called "OWNER", and P. S-P( v I C� hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, CITYWIDE PALM TREE PRUNING Program — Project No. 588-03, in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The General Conditions; (f) The Special Provisions; (g) The Standard Specifications as modified in other portions of the Contract Documents; (h) Addenda Nos. ; (i) The Determination of Prevailing Wage Rates for Public Work; 0) Any Change Orders issued; (k) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. I in accordance with the Contract Documents and will complete said work as outlined in the Scheduling Section under Specific Terms and Conditions of this contract. 16 Contract No. C23540 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to the "Specific Terms and Conditions" section under "Liquidated Damages" and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $250 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR'S certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR'S certification as follows: " I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability.for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. " 17 Contract No. C23540 IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONinature TOR: By: to be nota z rd Title: pow' OWNER: By: Title: Mavor of Palm Desert. California APPROVED AS TO CONTENT: MICHAEL J. ERRANTE, P.E. DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER Attest By: Title: Attest By: Title: Citv Clerk of Palm Desert DAVID J. ERWIN, CITY ATTORNEY Licensed & Insured �---� is ANDY'S TREE SERVICE AND GARDENING Palm Tree Trimming & Peeling Oleanders - Citrus Trees Yard Clean LIP - Hauling �60.345-6027 760-320-8850 Palm Des n, o suss 18 NOTICE INVITING SEALED BIDS FOR CITYWIDE PALM TREE PRUNING PROJECT NO.931-XX CONTRACT NO. C23540 PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert, as AGENCY invites sealed bids for the above stated project and will receive such bids in the offices of the City Clerk up to the hour of 2:00 P.M. on Tuesday, Marc_ h 29, 2005, at which time they will be publicly opened and read aloud. The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Specifications and Contract Documents for the above stated project. Specifications and Contract Documents are available from the AGENCY. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage rates is on file at the City Clerk's office of the City. In accordance with City Ordinance No. 859, this project shall not require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State labor Code except that this project shall not be subject to prevailing wage law (Labor Code Section 1770, et. seq.) The contract documents call for monthly progress payments based upon the Landscape Manager's estimate of the percentage of work completed. The Agency will retain 10 percent of each progress p�.y[n ent as securit fy or completion of the balance of the work. At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Government Code Section 4590 and the provisions of the contract documents pertaining to the Substitution of Securities. 3 Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside "SEALED BID FOR CITYWIDE PALM TREE PRUNING (CONTRACT NO. C23540 - - PROJECT NO. 931 XX) - DO NOT OPEN WITH REGULAR MAIL". The AGENCY reserves the right to reject any or all bids, to waive any irregularity, to accept any bid or portion thereof, and to take all bids under advisement for a period of sixty (60) days. At the time of contract award, the prime contractor shall possess a C-27 and/or D-49. BY ORDER OF the City Council of the City of Palm Desert. Dated this day of , 20 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 4 AGREEMENT THIS AGREEMENT is made and entered into this 14t" day of April, 2005 by and between the City of Palm Desert, California, hereafter called "OWNER", and Andy's Tree Service and Gardening, hereieinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, CITYWIDE PALM TREE PRUNING Program — Project No. 931-XX, in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The General Conditions; (f) The Special Provisions; (g) The Standard Specifications as modified in other portions of the Contract Documents; (h) Addenda Nos. (i) The Determination of Prevailing Wage Rates for Public Work; 0) Any Change Orders issued; (k) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. I in accordance with the Contract Documents and will complete said work as outlined in the Scheduling Section under Specific Terms and Conditions of this contract. 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to the "Specific Terms and Conditions" section under "Liquidated Damages" and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $250 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR'S certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR'S certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. " IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: By: Attest By: Signature to be notarized Title: Title: OWNER: By: Attest By: Title: Mavor of Palm Desert, California Title: Citv Clerk of Palm Desert APPROVED AS TO CONTENT: MICHAEL J. ERRANTE, P.E. DAVID J. ERWIN, DIRECTOR OF PUBLIC WORKS CITY ATTORNEY Area: Avenue of the States Cook Street Country Club Dinah Shore IEI Dorado (Frank Sinatra Frank Sinatra Shadow Ridge (Gerald Ford (Shadow Ridge Hovely Monterey (Shadow Ridge IVia Cinta Washington St. jHwy. 111 San Pablo Fred Waring Hwy 74 Community Center Monterey IMagnesia Falls Visitors Center El Paseo (Town Center Way I Desert Star (Sonata Pkwy. II Monterey Meadows The Glen Hovley Court Hovley Collection Hovley Estates Palm Tree Inventory Sheet1 Palm Tree Inventory 2004 Palm Tree Species 15' and 16'-25' 26'-45' 46'& up under Phoenix dactylifera Washingtonia robusta Washingtonia robusta hybrid Washingtonia robusta Washingtonia robusta Washingtonia filiera Washingtonia filifera Phoenix dactylifera Washingtonia filiera Washingtonia robusta hybrid Washingtonia robusta hybrid Washingtonia robusta hybrid Washingtonia robusta Washingtonia filiera Washingtonia robusta hybrid Washingtonia robusta Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia filifera Washingtonia robusta Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia robusta Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia robusta 3/30/2005 12:30 PM 27 45 81 9 6 69 13 11 15 7 2 44 F, 11 27 25 14 2 86 45 3 24 30 24 37 20 21 2 2 3 34 4 4 1 3 21 315 9 2 4 10 1 of 2 Palm Tree Inventory 2004 Area: Palm Tree Species Sand Piper Ct. West (Sonata Parkway Palm Gate The Grove (President's Plaza E. (President's Plaza W President's Plaza III Velie Corp. Yard (Joni Yard Civic Center Park Soccer Park ISan Pascual Channel Joe Mann Park Ironwood Park Cahuilla Park Community Park (Washington Charter Park Community Gardens Hovley Estates North Desert Mirage Washingtonia robusta Washingtonia robusta Syagrus romanzoffiana Washingtonia filifera Phoenix dactylifera Syagrus romanzoffiana Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia robusta Phoenix dactylifera Washingtonia robusta Washingtonia filifera Livingstonia chinensis Syagrus romanzoffiana Washingtonia filifera Washingtonia robusta Livingstonia chinensis Washingtonia robusta Washingtonia robusta Phoenix dactylifera Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia filifera Washingtonia robusta Washingtonia filifera Washingtonia robusta Washingtonia robusta Phoenix dactylifera Washingtonia robusta Washingtonia robusta 15' and 16'-25' 26'-45' 46'& up under 1 N. 2 1 10 3 3 100 2 11 40 18 25 16 1 12 4 11 3 2 1 9 28 7 2 13 2 1 3 65 51 27 93 97 16 32 2 2 1 0 Palm Tree Inventory Sheet1 3/30/2005 12:30 PM 2 of 2